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Within ten (10) days of the purchase or transfer of a loan or deed of trust secured by residential property, the new beneficiary/trustee shall record with the Riverside County Recorder's Office an Assignment of Rents or similar document that lists the name of the corporation, entity, or individual and the mailing address and contact phone number of the new beneficiary or trustee responsible for receiving payments associated with the loan or deed of trust.
(Ord. 404 § 1, 2008)
A. Any beneficiary/trustee who holds a deed of trust on a property located within the City of Murrieta shall perform an inspection of the property that is the security for the deed of trust upon default by the trustor and prior to recording a notice of default with the Riverside County Recorder's Office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten (10) days of the inspection, register the property with the chief of police or his or her designee on forms provided by the city.
B. If the property is occupied but remains in default, it shall be inspected by the beneficiary/trustee or his or her designee monthly until:
1. The trustor or other party remedies the default, or
2. It is found to be vacant or shows evidence of vacancy, at which time it is deemed abandoned and the trustee shall, within ten (10) days of that inspection, register the property with the chief of police or his or her designee on forms provided by the city.
C. The registration is required by either (A) or (B) for the property whether vacant or occupied at the time of default and shall contain the name of the beneficiary/trustee (corporation, entity, or individual), the direct street office mailing address of the beneficiary/trustee (no P.O. Boxes), a direct contact name and phone number for the beneficiary/trustee, and, in the case of a corporation, entity, or out-of-area beneficiary/trustee, the local property management company responsible for the security, maintenance, and marketing of the property.
D. An annual registration fee shall accompany the registration form. The fee and registration shall be valid for a period of (12) twelve consecutive months; renewal shall be due and payable on the first day of the following month from the date the registration was initially required. Subsequent registrations must be received no later than the 31st day of the registration month due.
E. This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.
F. Properties subject to this chapter shall remain under the annual registration requirement and the security and maintenance standards of this chapter as long as they remain vacant.
G. Any person, firm, corporation, or entity that has registered a property under this chapter must report any change of information contained in the registration within ten (10) days of the change.
H. Any individual or entity who fails to comply with any of the requirements of this section shall be subject to enforcement pursuant to Chapter 1.32 of this code.
(Ord. 551§ 7, 2019; Ord. 404 § 1, 2008)
In addition to the requirements of Chapter 8.20 of this code, properties subject to registration under Section 8.44.050 shall comply with the following:
A. In comparison to the neighborhood standard, the property shall be kept free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.
B. The property shall be maintained free of graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure.
C. All yards visible from the public right-of-way shall be landscaped and maintained to the neighborhood standard at the time registration was required.
1. Landscape includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark, or artificial turf or sod designed specifically for residential installation.
2. Landscape does not include weeds, broken concrete, asphalt, decomposed granite, plastic sheeting, mulch, indoor-outdoor carpet, or any similar material.
3. Maintenance includes, but is not limited to, regular watering, irrigation, cutting, pruning and mowing of required landscape, and removal of all trimmings.
D. Pools and spas shall either be kept in working order and treated so the water remains clear and free of pollutants, debris, and any kind of larvae that would cause a health danger to the surrounding vicinity, or drained and kept dry. In either case, properties with pools or spas must comply with the minimum security fencing requirements of the State of California.
(Ord. 557 § 4, 2020; Ord. 404 § 1, 2008)
In addition to the requirements of Chapter 8.20 of this code, properties subject to registration under Section 8.44.050 shall comply with the following:
A. The property shall be maintained in a secure manner so as not to be accessible to unauthorized persons. Secure manner includes, but is not limited to, the closure and locking of windows, doors (walk-through, sliding, and garage), gates, and any other opening of such size that may allow a child to access the interior of the property and or structure(s). In the case of broken windows, securing means the reglazing or boarding of the window.
B. If the property is owned by a corporation, entity, or out-of-area beneficiary/trustee/owner:
1. A local property management company shall be contracted to perform, at a minimum, monthly inspections to verify that the requirements of this section, and any other applicable laws, are being met.
2. The property shall be posted with the name and 24-hour contact phone number of the local property management company. The posting shall be an 8 ½ X 11 inch notification and shall be posted in the most primary front window of the dwelling, visible from an walkway, sidewalk, landing, porch, entry to the front door and readily visible to a public official, law enforcement officer, or code enforcement officer of the city. The posting shall contain, along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL". The posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. The exterior posting must be constructed of and printed with weather resistant materials.
3. The local property management company shall inspect the property no less than on a monthly basis to determine if the property is in compliance with the requirements of this chapter.
(Ord. 551 § 8, 2019; Ord. 404 § 1, 2008)
In addition to the enforcement remedies established in Chapter 1.32, the chief of police or his or her designee and the fire chief or his or her designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section to implement additional maintenance and/or security measures including, but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, or other measures as may be reasonably required to arrest the decline of the property.
(Ord. 404 § 1, 2008)
A. If any individual or entity covered by this chapter fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter, then the city manager shall cause the property to be maintained or secured by city personnel or private contract, and entry upon the property is expressly authorized for such purposes. Upon completion of the maintenance or securing by direction of the city manager, the city manager shall cause a statement of the costs thereof to be prepared for submission to the city council. The city manager shall set a time and place for the city council to receive and consider the statement of costs, and shall serve on the owner or owners of the property a copy of the statement of costs and a notice of the time and place at which the city council will receive and consider the statement of costs. The statement of costs and the notice of hearing shall be served in the same manner as provided in Section 8.20.060(B) of Chapter 8.20 and shall be accompanied by a copy of this chapter.
B. In addition to maintenance and securing of properties, any individual or entity covered by this chapter who fails to maintain and secure their property as required by this chapter within a reasonable time of issuance of a notice of violation of any of the provisions of this chapter shall be deemed to have authorized the city to remove trespassers from the property.
(Ord. 404 § 1, 2008)
A. Violations of this chapter shall be treated as a strict liability offense regardless of intent.
B. Any individual or entity that violates any portion of this section shall be subject to civil penalties as provided in Chapter 1.32.
C. Fines collected resulting from enforcement of this chapter will be placed in the general fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well-being of the city.
(Ord. 404 § 1, 2008)
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